The Socio-Economic Rights and Accountability Project has taken legal action against Senate President Godswill Akpabio over the six-month suspension of Senator Natasha Akpoti-Uduaghan, describing the decision as unconstitutional and unlawful.
The lawsuit, filed at the Federal High Court in Abuja, challenges the suspension on the grounds that it infringes on the senator’s fundamental rights and denies her constituents their right to representation.
In a statement released on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, stated, “Being a senator does not strip Mrs. Akpoti-Uduaghan of her fundamental human rights. The Senate should be upholding the rule of law and protecting human rights, not suppressing them.”
SERAP had earlier called on Akpabio to lift the suspension or face legal action. With the suit, marked FHC/ABJ/CS/498/2025, the organisation is now seeking “an order of mandamus to direct and compel Mr. Akpabio to rescind the unlawful suspension of Mrs. Natasha Akpoti-Uduaghan, reinstate her, and fully restore all her legislative rights, entitlements, and privileges.”
Akpoti-Uduaghan was suspended for allegedly “speaking without permission” and refusing to accept a reassigned seat in the Senate chamber. The penalty bars her from participating in Senate activities while also withholding her salary and allowances.
However, SERAP maintains that the suspension is unconstitutional, arguing that “no one should ever be punished for ‘speaking without permission.’”
The rights organisation is also asking the court to grant “an order of perpetual injunction restraining the Senate from further suspending or taking any disciplinary action against Mrs. Natasha Akpoti-Uduaghan solely for the peaceful exercise of her fundamental human rights.”
SERAP contends that the suspension violates both the Nigerian Constitution and international human rights treaties to which Nigeria is a signatory.
“Punishing Mrs. Akpoti-Uduaghan solely for peacefully expressing herself is unlawful, unnecessary, and disproportionate,” the suit states. “Her suspension would also create a chilling effect, discouraging other lawmakers from freely expressing their views.”
The organisation argues that invoking Sections 6(1)(2) of the Senate Rules and the Senate Standing Orders 2023 (as amended) to justify the suspension directly contradicts constitutional protections of free speech.
“The unlawful restriction of Mrs. Akpoti-Uduaghan’s right to freedom of expression has indirectly violated Nigerians’ right to receive information and ideas and has seriously undermined the political participation rights of her constituents,” SERAP stated.
Citing Article 13 of the African Charter on Human and Peoples’ Rights, SERAP emphasised that “every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.”
The organisation further argued that the suspension “has denied residents of Kogi Central Senatorial District the ability to effectively participate in governance through their elected representative.”
Additionally, SERAP referenced Section 39 of the Nigerian Constitution, which guarantees freedom of expression, insisting that the Senate’s actions contravene these fundamental rights.
“The Senate Standing Orders 2023 (as amended) cannot override Mrs. Akpoti-Uduaghan’s right to express herself and share her opinions, which is explicitly protected under Section 39 of the Nigerian Constitution and various human rights treaties Nigeria has ratified,” the group stated.
SERAP also warned that silencing elected representatives through disciplinary measures has wider implications, stressing that political speech requires a higher degree of tolerance.
“A greater level of acceptance is expected when it comes to political discourse, and an even higher threshold applies when it is directed at government officials, including members of the Senate,” the group asserted.
The suit was filed on behalf of SERAP by legal representatives Kolawole Oluwadare and Mrs. Adelanke Aremo.
“No date has been fixed for the hearing,” the statement concluded.
